Maintenance Orders Act 1958 (c. 39)

(1) The provisions of this Part of this Act shall have effect for the purpose of enabling maintenance orders to which this Part of this Act applies [ F1 to be registered in the family court and, subject to those provisions, while so registered to be enforced in like manner as an order made by the family court and to be varied by that court. ] [ F2 (1A) In the following provisions of this Act “ maintenance order ” means any order [ F3 , decision, settlement [ F4 , arrangement ] or instrument ] specified in Schedule 8 to the M1 Administration of Justice Act 1970. ] [ F5 (2) For the purposes of subsection (1) above, a maintenance order made by a court in Scotland or Northern Ireland and registered in [ F6 the High Court ] under Part II of the Maintenance Orders Act 1950 shall be deemed to have been made by [ F6 the High Court ] . (2A) This Part of this Act applies— (a) to maintenance orders made by the High Court F7 ..., other than orders registered in Scotland or Northern Ireland under Part II of the Maintenance Orders Act 1950, and (b) to maintenance orders made by a court in Scotland or Northern Ireland and registered in [ F8 the High Court ] under Part II of the Maintenance Orders Act 1950. ] (3) Without prejudice to the provisions of section twenty-one of this Act, in this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings— [ F9 “ High Court order ” means an order made by the High Court; ] “ order ” means a maintenance order to which this Part of this Act applies; “ original court ” and “ court of registration ”, in relation to an order, mean the court by which the order was made or, as the case may be, the court in which the order is registered; “ registered ” means registered in accordance with the provisions of this Part of this Act, and “ registration ” shall be construed accordingly; and for the purposes of this Part of this Act an order for the payment by the defendant of any costs incurred in proceedings relating to a maintenance order, being an order for the payment of costs made while the maintenance order is not registered, shall be deemed to form part of that maintenance order. F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 Words in s. 1(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 4(2) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F2 S. 1(1A) added by Administration of Justice Act 1970 (c. 31) , s. 27(3) F3 Words in s. 1(1A) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484) , reg. 1(1) , Sch. 7 para. 2(3) F4 Word in s. 1(1A) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814) , reg. 1(1) , Sch. 4 para. 1(2) F5 S. 1(2)(2A) substituted for s. 1(2) by Administration of Justice Act 1977 (c. 38, SIF 37) , s. 3 , Sch. 3 para. 1 , with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part. F6 Words in s. 1(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 4(3) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F7 Words in s. 1(2A)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 4(4)(a) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F8 Words in s. 1(2A)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 4(4)(b) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F9 Words in s. 1(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 4(5) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F10 S. 1(4)-(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 4(6) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) Modifications etc. (not altering text) C3 Pt. I (ss. 1–5) applied by Administration of Justice Act 1977 (c. 38, SIF 37) , s. 3 , sch. 3 para. 10 C4 S. 1(3) applied (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329) , rules 1 , 34(1) (with rule 3 ) Marginal Citations M1 1970 c. 31 .

(1) A person entitled to receive payments under a High Court [ F11 order may apply to the High Court for registration of the order in the family court, and the High Court ] may, if it thinks fit, grant the application. (2) Where an application for the registration of such an order is granted— (a) no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and (b) the [ F12 High Court ] shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be [ F13 sent to the family court ] ; but if at the expiration of the period aforesaid the [ F12 High Court ] has not been so satisfied, the grant of the application shall become void. F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 [ F15 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 (3B) ] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) [ F16 An officer of the family court ] who receives a certified copy of an order sent to [ F17 the court ] under this section shall cause the order to be registered in that court. F18 F19 [ (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6ZA) Where a High Court F20 ... order is registered under this Part of this Act in [ F21 the family ] court, then— (a) if a means of payment order (within the meaning of section 1(7) of the Maintenance Enforcement Act 1991) has effect in relation to the order in question, it shall continue to have effect after registration; F22 ... F22 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 (6ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6ZC) Where by virtue of the provisions of this section F24 ... payments under an order cease to be or become payable to [ F25 the family court ] , the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice. ] [ F26 (6A) In this section— “ High Court order ” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, F27 ... F27 ... ] (7) In this section “ certified copy ” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof. Extent Information E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only. Textual Amendments F11 Words in s. 2(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(2) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F12 Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F13 Words in s. 2(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(3)(b) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F14 S. 2(3)-(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(4) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F15 S. 2(3A)(3B) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3) , ss. 37(1) , 52 , Sch. 11 Pt. I para. 2(3) F16 Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(5)(a) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F17 Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(5)(b) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F18 S. 2(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(4) (with Sch. 10 para. 3 ); S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F19 S. 2(6)-(6ZC) substituted (E.W.) (1.4.1992) for s. 2(6) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3) , s. 10 , Sch. 1 para. 7 ; S.I. 1992/455 , art. 2 . F20 Words in s. 2(6ZA) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(6)(a)(i) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F21 Words in s. 2(6ZA) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(6)(a)(ii) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F22 S. 2(6ZA)(b) and preceding word omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(6)(b) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F23 S. 2(6ZB) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(7) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F24 Words in s. 2(6ZC) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(8)(a) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F25 Words in s. 2(6ZC) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(8)(b) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F26 S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37) , s. 3 , Sch. 3 para. 2 , with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part. F27 Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 10 para. 5(9) ; S.I. 2014/954 , art. 2(d) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) Modifications etc. (not altering text) C5 Pt.I (ss. 1–5) applied by Administration of Justice Act 1977 (c. 38, SIF 37) , s. 3 , sch. 3 para. 10 C6 S. 2 (except subsection (6A)) modified by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3) , ss. 36(3) , 52 C7 S. 2 extended by Social Security Act 1986 (c. 50, SIF 113:1) , s. 24B(4)(a)(ii) (as inserted by Social Security Act 1990 (c. 27, SIF 113:1) , s. 8(1)